Montana Code Annotated 2021



Part 2. Rights of the Physically Disabled

Misrepresentation Of A Service Animal -- Complaint -- Investigation

49-4-221. Misrepresentation of a service animal -- complaint -- investigation. (1) If a person knowingly and willfully represents that an animal is a trained service animal by fitting the animal with a leash, collar, cape, harness, backpack, or sign that identifies the animal as a service animal or claims verbally or in writing that the animal is a service animal in order to access the places and accommodations mentioned in 49-4-211 with the animal and it is found that the animal is not properly trained to provide services required of a service animal, the person may be asked to remove the animal from a place or accommodation as mentioned in 49-4-211 and local law enforcement may be called to investigate.

(2) An animal may be determined to lack the proper training required of a service animal if the animal is not housebroken or the animal is not under the control of the handler and the animal's handler does not take effective action to control the animal.

(3) (a) A representative of a place or accommodation mentioned in 49-4-211 who suspects that an animal is being misrepresented as a service animal to gain entry to the place or accommodation may file a complaint with local law enforcement. The complaint must be written and must state the particulars of the alleged misrepresentation.

(b) A representative may not file a complaint unless the place or accommodation has posted conspicuous public notice that the place or accommodation:

(i) does not allow animals other than service animals; and

(ii) reserves the right to file complaints alleging the misrepresentation of service animals under this section.

(c) The notice required in subsection (3)(b) may include notice of the questions allowed under 49-4-214(5)(b) and that the animal must be housebroken and under the handler's control.

(4) If local law enforcement is called to investigate as provided in subsection (1), written results of the investigation must be provided to the place or accommodation where the instance occurred and to the handler of the animal in question.

History: En. Sec. 3, Ch. 361, L. 2019.